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Journal : Cepalo

DISPUTE ON LAND STATUS IN THE TRANSMIGRATION VILLAGE AREA IN AND AROUND THE FOREST AREA IN PURWOTANI VILLAGE LAMPUNG SELATAN Wijonugroho, Pradipta; Akib, Muhammad; Tisnanta, HS; Sumarja, FX
Cepalo Vol 7 No 2 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v7no2.3022

Abstract

One of the objectives of transmigration is to move people from one area to another in the context of population distribution and development. Transmigration participants will be given residential land and business land. The promised land for business often needs to be clarified or still has the status of forest land. Transmigrants are still facing the problem of obtaining business land so horizontal and vertical land disputes are often found in the province of Lampung. This study aims: first, to analyze government policies in resolving land status disputes in transmigration villages in Lampung Province. The type of research used is normative empirical with a statutory approach. Legal materials required by legislation, documents, and library materials. The data obtained were analyzed using qualitative methods. The results of the study show that the Government's Policy in Settlement of Transmigration Village Land Status Disputes in Lampung Province, especially in the Purwotani village area which is included in Register 40 Gedongwani is carried out through a community empowerment program in the form of a social forestry program which is in line with Presidential Regulation 88 of 2017 concerning the Settlement of Land Tenure in Forest Areas. The legal implication is that transmigrants do not get land ownership rights as business land but only use forest land (social forestry). It is recommended to the government considering that transmigrants control land business first then the determination of the Gedongwani Register 40 forest area, the government should release the forest area by changing the forest area boundaries and give it to transmigrants with land ownership rights, and not limited to social forestry.
RECONCEPTUALIZING LEGAL PROTECTION FOR CUSTOMARY FORESTS: A MODEL FOR MITIGATING PALM OIL EXPANSION IN SOUTH KALIMANTAN Topan, Muhammad; Akib, Muhammad; Sisouk, Boualaphiane; Sukmawan, Yulia Audina
Cepalo Vol 10 No 1 (2026)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v10no1.4900

Abstract

This article reconceptualizes the legal protection of customary forests (customary forests) amid rapid palm oil expansion in South Kalimantan. The central issue is the legal vacuum and institutional fragmentation that hinder implementation of Constitutional Court Decision No. 35/PUU-X/2012, which redefined customary forests as non-state forests. The study examines the interaction between Law No. 41 of 1999 on Forestry and regulatory frameworks governing palm-oil-based energy projects that often overlook indigenous territorial rights. Using normative legal research with a socio-legal perspective, it analyzes national legislation, regional regulations, and cases involving tenure conflicts. The findings show that weak district-level recognition and the prioritization of biodiesel initiatives have pushed customary forests to a peripheral position in land governance. The article proposes an integrated protection model that treats customary forests as climate-critical commons and binding constraints in spatial planning and industrial licensing. The framework embeds co-governance and Free, Prior and Informed Consent to recognize indigenous communities as rights holders rather than victims of environmental harm, offering a subnational pathway for rights-based and environmentally just natural-resource governance.